9-1
9.
Limited Warranty and Disclaimer
Limited Warranties
Boston Scientific Corporation (BSC) warrants that reasonable care has been used in the design
and manufacture of this instrument. This warranty is in lieu of and excludes all other warranties
not expressly set forth herein, whether expressed or implied by operation of law or otherwise,
including, but not limited to, any implied warranties of merchantability or fitness. Handling,
storage, cleaning and storage, cleaning and sterilization of this instrument as well as other factors
relating to the patient, diagnosis, treatment, surgical procedures, and other matters beyond BSC's
control directly affect the instrument and the results obtained from its use. BSC's obligation
under this warranty is limited to the repair or replacement of this instrument and BSC shall not
be liable for any incidental or consequential loss, damage, or expense directly arising from the
use of this instrument. BSC neither assumes, not authorizes any other person to assume for it, any
other or additional liability or responsibility in connection with this instrument. BSC assumes no
liability with respect to instruments reused, reprocessed or resterilized and makes no warranties,
expressed or implied, including but not limited to merchantability or fitness for intended use,
with respect to such instrument.
Disclaimer and Exclusion of Other Warranties
There are no warranties of any kind which extend beyond the description of the
warranties above. EPT disclaims and excludes all warranties, whether expressed or
implied, of merchantability of fitness for a particular use or purpose.
Limitation of Liability for Damages
In any claim or lawsuit for damages arising from alleged breach of warranty, breach of
contract, negligence, product liability or any other legal or equitable theory, the buyer
specifically agrees that EPT shall not be liable for damages for loss of profits or revenues,
loss of use of the product, loss of facilities or services, any downtime costs, or for claims
of buyer’s customers for any such damages. EPT’s sole liability for damages shall be
limited to the cost to buyer of the specified goods sold by EPT to buyer which give rise to
the claim for liability.
The buyer’s use of this product shall be deemed acceptance of the terms and conditions of
these limited warranties, exclusions, disclaimers and limitations of liability for money
damages.
EP TECHNOLOGIES, INC.
2710 Orchard Parkway
San Jose, CA 95134
U.S.5195968; U.S.5254088; U.S.5257451; U.S.5336182;. U.S.5363861; U.S.5364351; U.S.5363874; U.S.5273535; U.S.5358478;
U.S.5395327, U.S.5456682; U.S.4566682; U.S.5531686; U.S.5524337; U.S.5309910; U.S.5313943; U.S.5398683; U.S.5471982;
U.S.5549108; U.S.5489275; U.S.5328467; other U.S. patents pending; foreign counterparts also pending.
